Taylor v. Berryhill

District Court, N.D. Mississippi

Taylor v. Berryhill

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION

MARIE TAYLOR,

Plaintiff,

v. Civil No.: 3:18cv00257-JMV

NANCY BERRYHILL, COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER ON PETITION FOR ATTORNEY FEES

Before the Court are Plaintiff’s motion [19] for attorney fees pursuant to the Equal Access to Justice Act (“EAJA”),

28 U.S.C. § 2412

(d), and Defendant’s response [20]. For the reasons that follow, the motion is granted. In these proceedings Plaintiff sought judicial review of the Social Security Commissioner’s final decision denying a claim for benefits. By Final Judgment [18] dated January 22, 2020, this Court remanded this case to the Commissioner for further proceedings. Plaintiff now seeks attorney fees in the amount of $5,585.27 on the grounds that Plaintiff was the prevailing party and the Commissioner’s position was not “substantially justified.” Plaintiff also seeks reimbursement for costs in the amount of $24.00. The Commissioner responds that he is unopposed to the foregoing request. Notwithstanding, the Commissioner points out any EAJA award should be made payable to Plaintiff—not her counsel—pursuant to Astrue v. Ratliff,

130 S. Ct. 2521

(2010). The Court, having thoroughly considered the motion, response, and the applicable law, finds the requested fee award is reasonable; no special circumstance would make the fee award unjust; and the motion should be granted. THEREFORE, IT IS ORDERED: That the Commissioner shall promptly pay to Plaintiff $5,585.27 in attorney fees and

$24.00 in costs for the benefit of Plaintiff’s counsel. This 25th day of March, 2020.

/s/ Jane M. Virden U. S. MAGISTRATE JUDGE

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Reference

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